Motion for Summary Judgment Granted in Wicker Smith Jacksonville Professional Liability Case
JACKSONVILLE – AUGUST 26, 2021 – Wicker Smith O’Hara McCoy & Ford P.A. Jacksonville Managing Partner Richard E. Ramsey, Partner Karina Haycook, and Associate John P. McDermott successfully defended a University in a Volusia County professional liability case. A motion for summary judgement was granted by the Court after a very substantial amount of money had been offered prior to the hearing, which was rejected by the plaintiff. The ruling was based on a signed exculpatory clause which waived claims such as this wrongful death claims of a 19-year-old football player with an undiagnosed heart condition.
In this case, it was alleged the University’s trainers failed to follow up on the player’s complaints and failed to properly monitor him on the day of his passing during football practice. However, the Court granted Wicker Smith attorneys’ motion for summary judgment based on an exculpatory clause the player previously signed. The clause waived all ability to bring claims arising out of participation in the football program.
Richard E. Ramsey joined Wicker Smith in 1990. He is one of four managing partners within the firm and is located in the Jacksonville office where he is responsible for overseeing office operations. Mr. Ramsey has over 32 years of experience focusing on professional liability including medical and legal malpractice. He has been asked by several legal malpractice carriers to defend their insureds on cases ranging from complex business transactions, personal injury, trust & estate and taxation matters. His medical malpractice experience is equally varied and his success rate in 56 trials is ninety percent. He is also well-versed on a broad array of complex litigation involving transportation matters, retail and restaurant defense, healthcare law and risk management, casualty claims defense, products liability, construction, product liability, nursing home, and employment litigation. Mr. Ramsey is a frequent lecturer and nationally has given more than 70 presentations on topics involving medical and legal malpractice, risk management, handling catastrophic claims, apology and full disclosure, food borne illness and social media.
Karina Haycook practices in the Jacksonville office where she focuses on matters involving medical malpractice, claims against nursing homes and assisted living facilities, personal injury, and wrongful death. Over the course of her 28 years in the legal profession, she has obtained a vast amount of experience handling complex cases from the pre-suit stage through trial.
John P. McDermott is an associate in Wicker Smith’s Jacksonville office where he handles cases involving commercial litigation matters. Mr. McDermott graduated from the University of Florida in 2017 with a Bachelor of Arts in Business Administration and a minor in leadership. He then continued his education at the University of Florida Frederic G. Levin College of Law earning a Juris Doctor cum laude in 2020 and placing on the Dean’s List for two consecutive years.